State ex rel. Brown v. Corrigan ( 2014 )

[Cite as State ex rel. Brown v. Corrigan, 2014-Ohio-2067.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 101065
STATE OF OHIO, EX REL.
DEMETRIUS BROWN
RELATOR
vs.
JUDGE PETER CORRIGAN
RESPONDENT
JUDGMENT:
WRIT DENIED
Writ of Procedendo
Motion No. 473367
Order No. 474148
RELEASE DATE: May 12, 2014
FOR RELATOR
Demetrius Brown, pro se
No. 502-975
P.O. Box 7010
Chillicothe, Ohio 45601
ATTORNEYS FOR RESPONDENT
Timothy J. McGinty
Cuyahoga County Prosecutor
BY: James E. Moss
Assistant County Prosecutor
9th Floor Justice Center
1200 Ontario Street
Cleveland, Ohio 44113
MARY J. BOYLE, A.J.:
{¶1} Relator, Demetrius Brown, petitions this court to compel respondent judge
to dispose of his motion for jail-time credit filed in State v. Brown, Cuyahoga C.P. No.
CR-05-464069-A, on February 3, 2014.
{¶2} Respondent has filed a motion for summary judgment citing numerous
procedural deficiencies in Brown’s petition and also attaching a copy of a journal entry
issued by respondent that granted Brown’s motion for jail-time credit on February 11,
2014. Specifically, respondent asserts that Brown failed to comply with the
requirements of R.C. 2969.25(C), Civ.R. 10, Loc.App.R. 45, and R.C. 2969.25. Relator
has not opposed respondent’s motion. Respondent’s motion for summary judgment is
granted based on the procedural deficiencies in Brown’s petition. Further, Brown is not
entitled to a writ of procedendo because the action is moot. State ex rel. Jerninghan v.
Cuyahoga Cty. Court of Common Pleas, 74 Ohio St. 3d 278, 1996-Ohio-117, 658 N.E.2d
723; State ex rel. Gantt v. Coleman, 6 Ohio St. 3d 5, 450 N.E.2d 1163 (1983).
{¶3} Accordingly, respondent’s motion for summary judgment is granted.
Relator to pay costs. The clerk is directed to serve upon the parties notice of this judgment
and its date of entry upon the journal. Civ.R. 58(B).
Writ denied.
_____________________________________________
MARY J. BOYLE, ADMINISTRATIVE JUDGE
PATRICIA ANN BLACKMON, J., and
TIM McCORMACK, J., CONCUR